Features
COUNSEL CONCERNS: Federal Judge Scolds Both Sides' Lawyers In Labels/Spinrilla Copyright Dispute
A federal judge in Atlanta called out attorneys in a nationally watched copyright case for their role in an “an all-out, knock-down, drag-out fight between the '800-pound Gorilla' of the recording industry in one corner of the room vs. 'Spinrilla', the self-proclaimed '800-pound Gorilla of free hiphop mixtapes' in the other corner.”
Features
The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.
Features
Get It in Writing: Deducting False Claims Act Payments
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
Features
New York State's Latest Ticket Sales Reforms
The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.
Features
'Shell Game' Gets Away From Commercial Lease Guarantor
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Features
Usher Song Credit Suit Outcome; Suit Over Led Zeppelin Song Gets Retrial
A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&B star Usher won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with. And the copyright case against Led Zeppelin by the band Spirit over "Stairway to Heaven" will return for an encore after the U.S. Court of Appeals for the Ninth Circuit called for a retrial.
Features
Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer
The battle over retaining a chief restructuring officer, which the United States Trustee has traditionally not objected to, is heating up.
Features
Alleging the Existence of a Trade Secret in a Misappropriation Case
<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
Features
Washington's FARA Frenzy Spurs New Legal Business
<b><i>The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.</b></i><p>The U.S. Justice Department's aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.
Columns & Departments
In the Courts
Former CFO of Bankrate Sentenced to 10 Years in Prison for $25 Million Fraud Scheme
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